RANJITSINH MADHUBHA SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India, for challenging the legality and validity of the order dated 21.10.2019 passed by respondent no. 1 authority in Externment Appeal No. 130 of 2019.

(2.) The brief background of facts is that the present petitioner is an ex-Sarpanch of Village against whom FIR being C.R. No. I-63 of 2018 was lodged with Wadhwan Police Station for the offences punishable under Sections 392, 186 Wadhwan Police Station for the offences punishable under Sections 392 , 186 , 332 , 504 and 114 of the Indian Penal Code. Keeping these allegations in mind, a show cause notice was served upon the petitioner by respondent no. 2 on 27.12.2018, as to why, the petitioner should not be externed from the District areas of Surendgranagar, Rajkot, Morbi, Ahmedabad, Bhavnagar and Botad. The petitioner is residing in Village Nana-Kerala of Wadhwan Taluka and according to the authority, the petitioner is indulging into illegal activities. This show cause notice has been replied by the petitioner on 07.01.2019 and has submitted that the petitioner is holding an agricultural land at Village Nana-Kerala and carrying out agricultural operation and not indulging in any illegal activities and the authorities have wrongly issued the notice. It has also been submitted that on account of political equation, such kind of action has been contemplated against the petitioner. Hence, the action, which has been sought to be initiated, is not in accordance with law and with mala fide intent. Several such contentions have been raised before the authorities, which ultimately culminated into externment orders passed against the petitioner, whereby respondent no.2 after granting appropriate opportunity to the petitioner has passed an order externing the petitioner from several districts as stated above.

(3.) It appears that feeling aggrieved and dissatisfied with the said order passed by respondent no. 2, a statutory appeal under Section 60 of the Gujarat Police Act has been preferred which is registered as Externment Appeal No. 130 of 2019, in which after hearing the petitioner, an order of externment is modified to the extent that the same is set aside in-so-far as it relates to Districts of Ahmedabad, Morbi, Rajkot, Botad and Bhavnagar, whereas, so far as Surendranagar District is concerned, the authorities have chosen not to set aside the said order and hence, qua that portion of the order, the present petition is filed by invoking extra ordinary jurisdiction of this Court.